Mohini Kohli vs Subhash Chander Kohli on 8 April, 2016

1. This first appeal under Section 96 of the Code of Civil Procedure, 1908

(CPC) impugns the judgment and decree dated 19th July, 2006 of the Court of

the Additional District Judge (ADJ) (Fast Track Court), Tis Hazari, Delhi of

dismissal of Suit No.10/2006 (instituted on 7th September, 1992) filed by the

appellant for recovery of possession of immovable property and damages for

use and occupation.

2. Notice of the appeal was issued and Trial Court record requisitioned.

The appeal, on 5th May, 2008 was admitted for hearing. Upon non appearance

of either of the parties on 2nd December, 2009 and 3rd December, 2009, the

appeal was dismissed in default but restored to its original position vide order

dated 14th December, 2010 and again ordered to be listed for hearing in the

category of „Regulars‟ as per turn. The appellant applied for early hearing and

RFA No.608/2006 Page 1 of 21
the appeal listed for hearing on an actual date. However thereafter again there

was a spate of adjournments. Finally on 8th October, 2015 though attempt to

hear arguments in the appeal was made but neither the counsel for the

appellant nor the counsel for the respondent were possessed of the suit file

and were unable to answer the enquiries made. In the circumstances,

judgment was reserved. No arguments in writing also have been filed by the

counsels for the parties. Be that as it may, I proceed to decide the appeal after

perusing the Trial Court record.

Source: Indian Kanoon

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